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23 Tort & Ins. L.J. 711 (1987-1988)
Monetary Remedies under the Education for all Handicapped Children Act: Toward a New Civil Rights Act

handle is hein.journals/ttip23 and id is 721 raw text is: MONETARY REMEDIES UNDER THE EDUCATION FOR ALL HANDICAPPED CHILDREN ACT: TOWARD A NEW CIVIL RIGHTS ACT? Kevin R. Sido and Philip R. King I. INTRODUCTION In 1975 Congress passed the Education for All Handicapped Children Act (EAHCA),' in response to the growing concern over the lack of a publicly funded education for handicapped children. At the time of the passage of that Act it was estimated that of over 8 million handicapped children, only 3.9 million were receiv- ing any specialized services.' Two prior congressional attempts to address this issue had failed.' Two courts which had addressed the issue of educating handicapped children had held that a denial of public education to these children violated equal protection requirements.4 1. Pub. L. No. 94-142, 89 Stat. 775 (1975) (Now codified as amended at 20 U.S.C. § 1400 et. seq.). 2. BoardofEducation v. Rowy, 458 U.S. 176, 189, 102 S. Ct. 3034, 73 L. Ed. 2d. 690, 701 (1982). 3.Prior to the EAHCA, Congress had offered federal grant monies but had not outlined procedures and substantive requirements on the use of those funds. Elementary and Secondary Education Act of 1965, Pub. L. No. 89-750, 80 Stat. 1204 and the Education of the Handicapped Act of 1970, Pub. L. No. 91-230, 84 Stat. 175. 4. Penn. Assoc. for Retarded Children v. Commonwealth of Penn., 334 F. Supp. 1257 (E.D. Pa. 1971) involved a class action daim regarding state statutes which provided that the state board of educa- tion was not obligated to educate a child who was deemed untrainable. The court held that each child must have access to public educational programs appropriate to his learning capacities. 334 F. Supp. at 1258; Mills v. Board of Ed. of D.C., 348 F. Supp. 866 (D.C.D.C. 1972), held that the denial ofa publidy supported education to handicapped children violated constitutional requirements of equal educational opportunities. 348 F. Supp. at 875. The holdings in these cases subsequently was called into question by SanAntoniolndTepndntSchoolDistrictv. Rodriguez, 411 U.S. 1,93 S. Ct. 1278, 36 L. Ed. 2d 16 (1973) in which the Supreme Court held that the Fourteenth Amendment does not require a state to expend equal funds on the education of each child and that a public education is not a fundamental right under constitu- tional equal protection analysis. 411 U.S. at 33-36. Kevin R. Sido is a Partner in the law firm of Hinsbaw, Culbertson, Moelmann, Hoban & Fuller, in Chicago, Illinois. Philip R. King is an Associate in the sarne firm.

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